Question 1

Name two examples of federal privacy legislation.

Accepted Answer

Privacy Act, Personal Information Protection and Electronic Documents Act

Question 2

A telephone used to harass people on the other side of the city, interfering with the enjoyment of their property, can be seen as evidence of trespass to land.

Accepted Answer

A) True 
 B)False  False

Question 3

A person could be liable for the tort of trespass

Accepted Answer

A)  if, in the middle of the night, he was carried onto the neighbour's property and thrown in their pool. 
B)  if he lost control of his bike and accidentally went onto his neighbour's property and into their pool. 
C)  if he stood in his neighbour's driveway and threw a tire in their pool. 
D)  if he swam in his neighbour's pool with the owners' permission. 
E)  if he delivered a package to the owner at the poolside as instructed by the owner. 
A)  if, in the middle of the night, he was carried onto the neighbour's property and thrown in their pool. 
B)  if he lost control of his bike and accidentally went onto his neighbour's property and into their pool. 
C)  if he stood in his neighbour's driveway and threw a tire in their pool. 
D)  if he swam in his neighbour's pool with the owners' permission. 
E)  if he delivered a package to the owner at the poolside as instructed by the owner. C

Question 4

Discuss the various kinds of remedies that are available in tort actions. In your answer, discuss any limitations on the availability of those remedies.

Accepted Answer

The primary remedy is damages or monetar

Question 5

Explain what is meant by a continuing trespass.

Accepted Answer

Some building or other structu

Question 6

Read the following and indicate the False statement.

Accepted Answer

A)  If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be defamation. 
B)  If a person suffers a loss because a salesman knowingly made a False statement that he knew the other would rely on to his detriment, the cause of action could be deceit. 
C)  If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be trespass. 
D)  If a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., the cause of action against John could be negligence, and World Wires Ltd. could be sued as well. 
E)  If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance. 
A)  If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be defamation. 
B)  If a person suffers a loss because a salesman knowingly made a False statement that he knew the other would rely on to his detriment, the cause of action could be deceit. 
C)  If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be trespass. 
D)  If a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., the cause of action against John could be negligence, and World Wires Ltd. could be sued as well. 
E)  If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance.

Question 7

Discuss the particular legal issues that can arise through the use of the Internet.

Accepted Answer

Here, students should discuss the increa

Question 8

Although nothing at all had been stolen, the store detective thought Al and Ed had stolen some records. After they exited from the store, the detective said to both of them, "Hold it! You'll have to wait right here for the police. You'll be charged with theft!" While Ed stopped and protested, Al just hurried off and drove away. Ed felt compelled to submit to the detective. After some time the police finally arrived. It was only then that the detective realized that no crime had been committed. Ed was released. On these facts, which of the following is true?

Accepted Answer

A)  Both Al and Ed could sue for assault and battery. 
B)  Neither Al or Ed could sue because neither was confined in a closed space. 
C)  Both Al and Ed could sue for the tort of False imprisonment because both had been Falsely accused of committing a crime. 
D)  Both Al and Ed could sue for the tort of False imprisonment because there had been no crime committed. 
E)  Only Ed has a cause of action for False imprisonment. 
A)  Both Al and Ed could sue for assault and battery. 
B)  Neither Al or Ed could sue because neither was confined in a closed space. 
C)  Both Al and Ed could sue for the tort of False imprisonment because both had been Falsely accused of committing a crime. 
D)  Both Al and Ed could sue for the tort of False imprisonment because there had been no crime committed. 
E)  Only Ed has a cause of action for False imprisonment.

Question 9

When an employee commits a tort in the process of his employment, the principle of vicarious liability states that the employer is liable, not the employee.

Accepted Answer

A) True 
 B)False

Question 10

Conversion takes place in all of the following instances except

Accepted Answer

A)  a person intentionally takes the goods of another person for her own purposes. 
B)  a person steals goods belonging to another. 
C)  a person acquires possession of goods through deceit and the goods are destroyed. 
D)  a person comes into possession of goods lawfully, but refuses to return them after a proper request. 
E)  a person sells or wrongfully disposes of goods belonging to someone else. 
A)  a person intentionally takes the goods of another person for her own purposes. 
B)  a person steals goods belonging to another. 
C)  a person acquires possession of goods through deceit and the goods are destroyed. 
D)  a person comes into possession of goods lawfully, but refuses to return them after a proper request. 
E)  a person sells or wrongfully disposes of goods belonging to someone else.

Question 11

Explain the requirements under the Personal Information Protection and Electronic Documents Act.

Accepted Answer

This federal statute regulates the colle

Question 12

Which of the following is true with regard to the torts of assault and battery?

Accepted Answer

A)  Both torts are "actionable per se"; that is, a person can successfully sue without having to prove damages. 
B)  The amount of damages paid to Joe, injured by another's battery, will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries. 
C)  A person will always succeed with the defence of self-defence even if he used excessive force. 
D)  Although assault and battery are often both present in an incident, it is technically possible to be assaulted without being battered. 
E)  For consent to be an effective legal defence to a claim of battery, the person hit must have been surprised by the incident. 
A)  Both torts are "actionable per se"; that is, a person can successfully sue without having to prove damages. 
B)  The amount of damages paid to Joe, injured by another's battery, will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries. 
C)  A person will always succeed with the defence of self-defence even if he used excessive force. 
D)  Although assault and battery are often both present in an incident, it is technically possible to be assaulted without being battered. 
E)  For consent to be an effective legal defence to a claim of battery, the person hit must have been surprised by the incident.

Question 13

Which of the following best describes the primary purpose of tort law?

Accepted Answer

A)  To punish wrongdoers 
B)  To compensate victims of wrongful conduct 
C)  To ensure that contractual promises are kept 
D)  To prevent crime 
E)  To force people to do good, e.g., rescue those in trouble 
A)  To punish wrongdoers 
B)  To compensate victims of wrongful conduct 
C)  To ensure that contractual promises are kept 
D)  To prevent crime 
E)  To force people to do good, e.g., rescue those in trouble

Question 14

Distinguish between a tort and a breach of contract.

Accepted Answer

A tort involves conduct that i

Question 15

In Jones v. Tsige the Court conceded that the law had to evolve to protect individuals from unreasonable intrusion into their private lives. The tort, "intrusion upon seclusion," was imported from American common law. It is described as: "one who intentionally intrudes, physically or otherwise, upon the seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the invasion would be highly offensive to a reasonable person." Discuss the key features of the cause of action.

Accepted Answer

The key features of this cause of action

Question 16

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a False rumour?

Accepted Answer

Injurious Falsehood

Question 17

In tort, damages attempt to put the victim in the position he would have been in had the tort never taken place.

Accepted Answer

A) True 
 B)False

Question 18

Bubba, an angry, foul-mouthed fan, yelled insults at Rob, a professional athlete, as Rob was leaving the field. Bubba suddenly rushed toward Rob, and although Rob tried to defend himself by throwing his gym bag at Bubba, Bubba hit him above the eye, causing a serious cut that required stitches. Bubba was arrested, convicted, and sentenced in a criminal action for his attack. Rob, a starting player, missed ten games because of the injury. Based on these facts, which of the following is true?

Accepted Answer

A)  The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag. 
B)  If Bubba sued Rob for hitting him with the gym bag, Rob would most likely argue that it was justified on the basis of self-defence. 
C)  Although Rob suffered damages because of the attack, he could not sue Bubba in a civil action because a criminal action had been taken and the same incident cannot result in both types of proceedings. 
D)  Rob could succeed in an action against Bubba for the tort of nuisance. 
E)  The attack by Bubba shows the elements of the torts of assault and battery: the assault was the hit; the battery was the sudden rush towards Rob. 
A)  The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag. 
B)  If Bubba sued Rob for hitting him with the gym bag, Rob would most likely argue that it was justified on the basis of self-defence. 
C)  Although Rob suffered damages because of the attack, he could not sue Bubba in a civil action because a criminal action had been taken and the same incident cannot result in both types of proceedings. 
D)  Rob could succeed in an action against Bubba for the tort of nuisance. 
E)  The attack by Bubba shows the elements of the torts of assault and battery: the assault was the hit; the battery was the sudden rush towards Rob.

Question 19

Intentionally appropriating the goods of another can give rise to an action in

Accepted Answer

A)  conversion. 
B)  passing-off. 
C)  trade slander. 
D)  product defamation. 
E)  deceit. 
A)  conversion. 
B)  passing-off. 
C)  trade slander. 
D)  product defamation. 
E)  deceit.

Question 20

Explain under what circumstances the defence of qualified privileges can be lost.

Accepted Answer

Where it can be shown that the person ma

Name two examples of federal privacy legislation.

A telephone used to harass people on the other side of the city, interfering with the enjoyment of their property, can be seen as evidence of trespass to land.

A person could be liable for the tort of trespass

Discuss the various kinds of remedies that are available in tort actions. In your answer, discuss any limitations on the availability of those remedies.

Explain what is meant by a continuing trespass.

Read the following and indicate the False statement.

Discuss the particular legal issues that can arise through the use of the Internet.

When an employee commits a tort in the process of his employment, the principle of vicarious liability states that the employer is liable, not the employee.

Conversion takes place in all of the following instances except

Explain the requirements under the Personal Information Protection and Electronic Documents Act.

Which of the following is true with regard to the torts of assault and battery?

Which of the following best describes the primary purpose of tort law?

Distinguish between a tort and a breach of contract.

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a False rumour?

In tort, damages attempt to put the victim in the position he would have been in had the tort never taken place.

Intentionally appropriating the goods of another can give rise to an action in

Explain under what circumstances the defence of qualified privileges can be lost.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 4: Intentional Torts and Torts Impacting Business

Name two examples of federal privacy legislation.

A telephone used to harass people on the other side of the city, interfering with the enjoyment of their property, can be seen as evidence of trespass to land.

A person could be liable for the tort of trespass

Discuss the various kinds of remedies that are available in tort actions. In your answer, discuss any limitations on the availability of those remedies.

Explain what is meant by a continuing trespass.

Read the following and indicate the False statement.

Discuss the particular legal issues that can arise through the use of the Internet.

When an employee commits a tort in the process of his employment, the principle of vicarious liability states that the employer is liable, not the employee.

Conversion takes place in all of the following instances except

Explain the requirements under the Personal Information Protection and Electronic Documents Act.

Which of the following is true with regard to the torts of assault and battery?

Which of the following best describes the primary purpose of tort law?

Distinguish between a tort and a breach of contract.

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a False rumour?

In tort, damages attempt to put the victim in the position he would have been in had the tort never taken place.

Intentionally appropriating the goods of another can give rise to an action in

Explain under what circumstances the defence of qualified privileges can be lost.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters